The veteran's claims for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 and accrued benefits were denied as the veteran did not have a pending claim with VA at the time of his death.
The deciding factor: The veteran was granted Total Disability Rating Based on Individual Unemployability (TDIU) in January 1998, which predated his death. The appellant did not have any pending claims when he died and there is no indication that he had a right to receive benefits based on service-connected disabilities.
- Claimed conditions
- gunshot wounds to the right leg, right back and chest, fracture of the right tibia and fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 22, 2006
- Citation
- 0630057
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0630057.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's residuals of a fracture of the right tibia and fibula were not manifested by ankylosis, semilunar cartilage disorder, flexion limited to 15 degrees, extension limited to 20 degrees, or malunion with marked ankle disability. The Veteran was in receipt of a separate compensable rating for right knee instability.
- Denied
The Veteran's service-connected residuals of fracture of the right tibia and fibula are rated at 30 percent, which is not sufficient to grant a rating in excess of this amount.
- Denied
The Veteran's claim for an increased rating and TDIU due to residuals of a fracture of the right tibia and fibula was denied by the Board. The case is being remanded for further development, including obtaining VA treatment records and arranging for a VA orthopedic examination.
- Denied
The Board denied the veteran's claim for a total rating based on individual unemployability due to his service-connected disabilities, finding that they do not render him unable to secure or follow substantially gainful employment.
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